Made a major mistake. Need some advice

[Trent M.]

I recently purchased a house from my uncle that has a shared well located on the neighbors property. I contacted an attorney prior to making the deal and he said it would be ok to get a shared well agreement after closing. I approached the lady that owns the well and she said that was fine verbally. There has never been any legal documentation on the well being shared.

Fast forward a week, I close on the house and a day later there's no water. They turned it off and refuse to turn it back on. That well has supplied water to my new property for 40+ years. I cant seem to get anyone to drill a well for at least 5 months - and I have to pray there's even water on my new property. This sucks

Has anyone ever encountered something like this? What are my rights in Nebraska? I can't decide if I want to pursue a lawsuit for them to turn water back on (and possibly lose) or if I want to eat the money for several months and hope there's water below me. Any advice would be greatly appreciated.

DISCLAIMER: I know I made several mistakes leading up to this point, and this is mostly my fault. I'm not searching for people to tell me how stupid I am and what I should have done. I'm only trying to fix the situation I'm in now.

[Wayne Brooks]

Well, if they have water, you’ll have water. The water table is the water table.

[Matthew Paul]

Call the well drillers an throw some extra cash at them .

[Alecia Loveless]

@Trent M. Check your deed to see if any easement was ever granted for the neighbor’s well.

[Theresa Harris]

If they have water, you will as well-you'll be pulling from the same underground source.  You should be able to get water trucked in for a bit, but call a few more places to see about getting a well drilled.  Your neighbours don't sound very neighbourly.  I'd also talk to your uncle to see if he paid for any of the digging of the well or had anything in writing.  Also talk to a lawyer.

[Jarrett Finley]

I agree with the previous posts, you’ll have water just like your neighbor. Best to get independent and not deal with the neighbors anyway. I would be hounding the well drillers to get a cancellation spot ASAP. Another option would be to talk with the neighbors and let them know you are scheduled to have your own well drilled and could you compensate them until your’s completed???

[Trent M.]

@Bob P.

I think that's a great idea and thats exactly what I'm planning to do. I should drill a well regardless but I'm hoping I can get the water on at least until the drillers can get here. Thanks for the response

[Trent M.]

@Alecia Loveless

We have checked and unfortunately there is nothing there 🫠

[Trent M.]

@Jarrett Finley

I have been pleading with them to turn it on with a "temporary contract". They fear they will get in trouble if we have to turn the water off with a tenant in place. Im going to do what everyone is suggesting and move forward with the new well.

Thanks for your replies everyone

[Henry Clark]

Call Weilage or Henry well drilling in Iowa.  They are usually only 2 weeks out. If they will do in Nebraska.   Check other neighbors in the area what their water pressure GPM- if low 8GPM or lower put in a cistern well, see if any nitrate issues, talk with the county and see the distance needed from your septic drain field before you drill, 

Get the bad news out of the way.  Have your septic lines scoped and your tank pumped.  

[Trent M.]

@Henry Clark

Thanks for the tip! Weilage drilling was a great resource. He got me lots of information and set me up with a guy to get me some help

[Trent M.]

For future information with regard to potential "adverse possession":

In Nebraska, after 10 years of use this would qualify for adverse possession if it were considered "hostile". Hostile means the person on the other property (mine) was using it without the knowledge of the well owner. In this case, the owner gave permission for the previous owner to use the water, so this does NOT qualify for adverse possession.

That doesn't make a whole lot of sense to me but apparently that's the rule here in NE